Legal Question in Family Law in California
Child support has been taking have of my wages, but are still charging me interest cause they seem to not pull the amount they should out of my check. My overall bill is going up and up. Its like im not paying at all, they are going by a previous job, and don't want to hear my complaint. Im paying 900.00 a month, the court ordered 1100.00 a month, but all that money ive been paying isnt counting towards my total amount due. Whats the first step to solving this problem? I don't understand why they didnt pull 1100.00 out like they should have, I feel like my county government are a bunch of crooks, and they are just robbing me of my welfare.
1 Answer from Attorneys
It is illegal for total garnishment from all sources to exceed 50% of take-home pay on any check. It is up to you to find a way to pay any additional payments due. Also, if your income has changed it is up to you to apply to the court or DCSS for a change in the support owed. The courts can retroactively reduce your payments, but only back to the date you apply for a modification.